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HomeMy WebLinkAbout09-6540 4 HEATHER A. LOUDON : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW MARK LOUDON : NO.0- 6 Sys" CIVIL TERM Defendant. : IN CUSTODY COMPLAINT FOR CUSTODY 1. The Plaintiff is Heather A. Loudon, who currently resides at 52 Shughart Rd., Carlisle, Cumberland County Pennsylvania, 17013. 2. The Defendant is Mark Loudon, whose current address is 58 N. Old Stonehouse Road, Carlisle, PA 17015. 3. Plaintiff is the Mother of the following child and seeks a custody order regarding the following child: NAME DOB/AGE ADDRESS Alexis Ryan Loudon 7/10/2004 shared equally between parties. Mother and Father married on April 19, 2004 and separated on June 17, 2000. The parties currently equally share physical custody of the child. During the past five years, the child has resided with the following persons and at the following addresses: NAME ADDRESSES DATES Heather A. Loudon 58 N. Old Stonehouse Road birth - 6/17/2009 Mark Loudon Carlisle, PA 17015 Heather A. Loudon equally shared physical custody 6/17/2009 - present The Mother of the child is Heather A. Loudon. She currently resides at 52 Shughart Rd., Carlisle, Pa 17013. She is married to Father. The Father of the Child is Mark Loudon. He currently resides at 58 N. Old Stonehouse Road, Carlisle, PA 17015. He is married to Mother. 4. The relationship of plaintiff to the child is that of Mother. The plaintiff currently resides with her mother and the child. 5. The relationship of defendant to the child is that of Father. The defendant currently lives with the child. 6. Plaintiff has not participated as a party or witness, or in another capacity; in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a party to the proceedings who has physical custody of the child or anyone who claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: The parties separated in June 2009 and areed to a shared custody arran ement. Mother is seeking to have this agreement entered and incorporated into a Court Order. Mother is also requesting that the Order provide for shared legal custody of the child "- 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, Plaintiff requests the court to enter a custody Order regarding the child. n Respectfully submitte Date: vl 30 6 q VJ17ir Adams, Esquire 1. . No. 79465 West South Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statements made in this Custody Complaint I understand that false statements herein are are true and correct. made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: ?Iagl Heather A. Loudon, Plaintiff .s OF 4uaxyrw 2?9 SEP 30 pM 00 40 4 V. pd. suua a3? ay?l I HEATHER A. LOUDON, Plaintiff vs. MARK LOUDON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. X Ussyd Civil Term ACTION IN CUSTODY CUSTODY AGREEMENT This Custody Agreement is made this k day of . C?? . eF? , 2009, by and between Heather A. Loudon, (Hereinafter referred to as "Mother"), of Carlisle, Cumberland County, Pennsylvania, and Mark Loudon, (Hereinafter referred to as "Father"), of Carlisle, Pennsylvania; WHEREAS, Mother and Father are the natural parents of one child, namely, Alexis Ryan Loudon, born July 10, 2004; WHEREAS, Mother and Father have reached an agreement relative to the future care and custody of their child, the terms of which agreement both parties desire to set forth in the present Agreement, and; WHEREAS, Mother and Father desire the provisions of the present Agreement be approved by the Honorable Court of Common Pleas of Cumberland County and entered as a Court Order, with the same force and effect as though said Order had been entered after Petition, Notice and Hearing. There is no previous Order of Court concerning the child. NOW THEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree as follows: a 1. Joint Legal Custody. Legal custody is the legal right to make all major non-emergency decisions affecting a minor child's well being, including, but not limited to, all decisions regarding his or her health, education, and religion. Mother and Father shall have joint legal custody of their child, Alexis Ryan Loudon, born July 10, 2004. Notwithstanding that both parents shall share legal custody, non-major decisions involving the child's day-to-day living shall be made by the parent then having physical custody, consistent with the other provisions of this Agreement and subsequent Order. Pursuant to this section, the parties agree that: A. Each party shall confer with the other on all matters of importance including but not limited to issues relating to the child's health and education. B. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of each !child and visitation period. Each party agrees to supply the name, address, and telephone numbers of any person in whose care the child will be in for a period in excess of forty-eight (48) hours, and for each person or entity which may provide daycare for a child. L WC. Pursuant to the terms of 23 Pa. C.S. §5309, each parent shall be entitled to all records and information pertaining to the child, including but not limited,to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of such records or information, and such information has not been provided to the other parent, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Mk Neither party shall attempt to undermine the mutual love and affection that each child may have for the other parent and neither parent shall, in the presence of the child make any disparaging or negative remarks concerning the other parent. 2. Emergency Decisions. Emergency decisions regarding a child shall be made by the parent then having physical custody of the child. However, in the event of any emergency or serious illness of a child at any time, any party then having custody of the child shall communicate with the other party by telephone or any other means practicable, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as possible. 3. Physical Custody. Physical custody is defined as actual physical possession and control of a child. Physical Custody of the child, as that term is defined in the dustody act, shall be shared equally between Mother and Father. Schedule: The parties shall operate on an equally shared schedule, as follows: Week 1 - Mother shall have the child Monday and Tuesday night, Father shall have the child Wednesday and Thursday night, and Mother shall have the child Friday, Saturday, and Sunday night. Week 2 - Father shall have the child Monday and Tuesday night, Mother shall have the child Wednesday and Thursday night, and Father shall have the child Friday, Saturday, and Sunday night. The parties shall continue to alternate Week 1 and Week 2 thereafter. 4. Transportation and Exchange The transportation shall be shared equally by the parties, with the parent who is to receive custody at the time of the exchange to provide for transportation from the residence or location of the other parent. At all times, all children shall be secured in appropriate passenger restraints. 5. Best Interest of the Child. The parties understand that in making an order for custody, the court shall consider the best interest of the child, which may include any factor which impacts the child's physical, psychological, intellectual, and emotional well-being. Such factors may include but are not limited to: the age of the child, the child's relationship with each parent, the preference of the child, (if old enough to express a meaningful preference), the duration, adequacy and stability of the child's current living arrangements, the motive of each parent, the child's school and community, the openness of each parent to allow and encourage frequent and continuing contact between the child and the other parent, including physical access, and the capacity of each parent to cooperate with each other and teachers or child care providers. The parties have considered all of the above factors, and have attempted to craft a custody agreement which provides for the best interest of the child or children. The parties understand that while this matter could be heard by the Court, they are not requesting a hearing or court intervention on this matter, at this time, as they have been able to reach an agreement beneficial to the child or children, and it is in the best interest of the child or children and the parties to resolve this matter without litigation and with minimal conflict. wk? 6. Binding Effect and Order. This Agreement and all of its terms and conditions shall extend to and be binding upon the parties. The parties shall request that this Agreement be incorporated into a Court Order without further hearing. The parties are free to modify the terms of this Agreement and Order verbally or in writing but in order to do so both parties must be in complete agreement to any different terms. That means both parties must consent on what the terms of the custody arrangement or schedule shall be. 7. Governing Law. This Agreement shall be governed and controlled by the laws of Pennsylvania. IN WITNESS WHEREOF, the parties have hereto duly executed the present Stipulation and Custody Agreement the day and year first above written. WITNESS: V\Kt-ness Heather Loudon, Mother Date: ?pm 01 Witness Mark Loudon, Father r. F THE 0 "'?ARY M SEP 30 PM i i o© y 4000 1 HEATHER A. LOUDON : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW MARK LOUDON : NO.&%'11SZ/O CIVIL TERM Defendant. : IN CUSTODY ORDER AND NOW, this th Jr day of 0 L o ex , 2009, having reviewed the attached agreement between the parties dated, September 16, 2009, hereby ORDERED and DECREED as follows: 1. Heather A. Loudon and Mark Loudon shall have shared legal custody of their child Alexis Ryan Loudon, born July 10, 2004. 2. Heather A. Loudon and Mark Loudon shall have shared physical custody of their child Alexis Ryan Loudon. 3. The parties' agreement, dated September 16, 2009, shall be entered and incorporated into this Order of Court. By the Court: cc. Jane Adams, Esquire, for Mother Mark Loudon, Father, pro se FILED-0'rH,C. E OF THE PP` TI" I NIOTAPY 2009 OCT -5 AM 9: O 3 PE NNSYLVAIN A